The information below was provided by the IMCC:

As you know, the Federal government has decided that all analog spectrum will be returned to the FCC on 2/17/09. Thereafter, all over-the-air programming must be transmitted in digital format. This has several ramifications for cable operators.

The FCC has now adopted another rule with which cable operators must comply. The rule requires all Multichannel Video Programming Distributors (MVPDs), to help educate consumers about the transition. Cable operators are required to communicate with all their subscribers giving them information about the change and what it might mean for their different subscribers in different circumstances. That is, what will happen on the date, what consumers should do to make sure they are ready for the transition and how cable operators will facilitate the change so that all subscribers have TV sets or equipment needed to still receive signal after the date.

Below is a description of what cable operators must do in this educational effort. It requires all MVPDs to include stuffers in monthly bills or to print information on the bottom of bills. This will impact cable operators in different ways.

I have asked the FCC numerous questions, such as the following:

1. Does a cable operators need to comply with this requirement if that cable operator has all the equipment and technology needed so that its subscribers will notice no change as of the transition date?  
Answer: Yes

2. Does a cable operator need to do this if that cable operator acquires all its programming from a DBS company?  
Answer: Both the DBS company and the cable operator must comply, see below.

3. Does a cable operator need to comply if the DBS company handles all the billing of individual subscribers and the cable operator does not send out anything to subscribers on a monthly basis? Answer: The DBS company has the responsibility to educate the consumer, the cable operator does not have the responsibility unless it communicates with its subscribers on a monthly basis.

4. Does a cable operator need to comply by informing all subscribers if the cable operator provides video service to the MDU community through a bulk billing contract?
Answer: The cable operator needs to inform the HOA/MDU/REIT owner of the need to inform their residents, but it is the HOA/MDU/REIT responsibility to provide the required education.

5. Does an HOA/MDU/REIT have the educational responsibility if it has and operates its own MATV system?
Answer: Yes. In that case it is the responsibility of the MATV system operator and there is no cable operator responsibility.

6. When does this responsibility begin?
Answer: Not exactly clear, but probably in May of 2008 and continue until March of 2009.

7. Who is the FCC target audience?  
Answer: The whole bloody world. They want every consumer informed even if they are not directly effected by the conversion. 

For more information contact the IMCC
Website: imcc-online.org

Below find the actual language of the new FCC consumer education rule. It tells you what the cable operators must do to help educate subscribers, what they need to be told and how that education must be accomplished.

 

FCC Requirements: 76.1630 MVPD Digital Television Transition Notices:  (a) Multichannel video programming distributors (MVPDs) shall provide subscribers with notices about the transition for over-the-air full power broadcasting from analog to digital service (the “DTV Transition”) in the monthly bills or bill notices received by subscribers beginning 30 days after the effective date of these rules and concluding in March, 2009. (b) The notice must be provided as part of an information section on the bill or bill notice itself or on a secondary document mailed with the bill or bill notice, in the same language or languages as the bill or bill notice. These notices must: (1) Be in clear and conspicuous print (2) Convey at least the following information about the DTV transition: (i) After February 17, 2009, a television receiver with only an analog broadcast tuner will require a converter box to receive full power over-the-air broadcasts with an antenna because of the Nation’s transition to digital broadcasting.  Analog-only TVs should continue to work as before to receive low power, Class A or translator television stations and with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products.  (ii) Information about the DTV transition is available from www.DTV.gov or this MVPD at [telephone number and website if available], and from www.dtv2009.gov or 1-888-DTV-2009 for information about subsidized coupons for digital-to-analog converter boxes (3) and explain clearly what effect, if any, the DTV Transition will have on the subscriber’s access to MVPD service.  It must also note that analog sets not connected to an MVPD service may need additional equipment (i.e. converter box) or may have to be replaced. (c) To the extent that a given customer does not receive paper versions of either a bill or a notice of billing, that customer must be provided with equivalent monthly notices in whatever medium they receive information about their monthly bill.